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9. Default. The following shall be deemed an event of <br /> default under this Agreement: <br /> <br /> 9.01. Failure to Pay. Failure, by either party <br />hereto, to pay within ten (10) business days after the receipt of <br />notice of non-payment from the other party hereto, any amounts due <br />and payable under this Agreement, unless such amounts are reasonably <br />in dispute. <br /> <br /> 9.02. Breach of Warranty or Condition. A breach of <br />any warranty contained herein or a failure to perform any condition <br />set forth herein by either party hereto if such breach or failure <br />continues fo~ thirty (30) days after written notice thereof to the <br />breaching party by the non-breaching party. <br /> <br /> 9.03. Bankruptcy. An act of bankruptcy by either <br />party hereto or the institution against either party hereto of any <br />proceeding under any bankruptcy law or any other law of general <br />application to creditors, or the filing by either party hereto of <br />any form of reorganization or arrangement under any bankruptcy law. <br /> <br /> 10. Remedies in Event of Default. Upon the occurrence of <br />any event of default as defined in Section 9 immediately above, the <br />sole remedy available to either party hereto is the termination of <br />this Agreement, and no equitable remedies, inciudi~g the remedy of <br />specific performance, shall be available hereunder. Upon <br />termination of this Agreement, pursuant to this Section 10, or <br />pursuant to Section 11 below, any outstanding charges due and owing <br />by Member to SOLINET shall be due and payable. <br /> <br /> -12- <br /> <br /> <br />